The Madras High Court asks the state to review the Aryan-Dravidian theory taught in schools

The bank of Chief Justice KR Shriram And Judge Senthilkumar Ramamoorthy noted that the court was not an expert on the history of the origins of race and thus could not grant the relief sought. Thus, the court noted that it was up to the experts to determine whether the petitioner’s claims on the two racial theories were valid or not.

“The court is not an expert in the history or origins of races. The relief sought by petitioner cannot be granted by this court without examining and deciding whether the two-race theory, which petitioner claims to be false, is valid or invalid. It is appropriate that this determination be made by experts in the field, and not by the court”, the court noted.

The court was hearing a petition filed by Mahalingam Balaji. Balaji had argued that the educational institutions were promoting a false theory that there were two races: Aryans and Dravidians, and that this in turn would promote division among the people. He argued that the two-race theory is false and would cause significant harm to impressionable minds.

The Ministry of School Education stated that the syllabus was decided based on input from experts in the relevant field. He also submitted that the petitioner could submit a proposal to the State Council for Education, Research and Training (SCERT) and it could be considered and processed within a reasonable time.

The Ministry of Education and National Council for Educational Research and Training (NCERT) also suggested that the representation should be submitted to the NCERT, which could consider the same.

Considering it fit not to express any opinion in the matter, the court directed the NCERT and SCERT to consider Balaji’s representation and decide on the same within twelve weeks after giving reasonable opportunity , including an in-person hearing.

Applicant’s lawyer: Mr. Mahalingam Balaji Party in person

Defendant’s lawyer: Mr. Rajesh Vivekananthan Deputy Solicitor General, Mr. J. Ravindran, Additional Solicitor General, assisted by Ms. Maithily, Additional Government Advocate, Mr. A. Edwin Prabakar State Government Advocate, assisted by Mr. T.K.Saravanan Government Advocate

Visa: 2024 LiveLaw (Mad) 408

Title of the case: Mahalingam Balaji v. Secretary and others

Case number: WP no. 30424 from 2024